It was agreed vppon betwext two noble gentlemen to fighte for liffe & death & yf anie of them were overthrown to the grounde or hurte by force of his ennemie, that then he sholde be adiudged as vanquished & a prisoner. Beinge entred into the lists it Chaunced that the one, after a Chardge geven staggered and fell the other pursuenge him in the retire beinge downe did hurte him vppon the legge by meanes wherof he challinged victorie. The other wth great instancie refuzed to yelde him that honnor, sayenge his fall hapened rather thoroughe misfortune then the force of his ennemie, wherto was replied yt because he receiued his fall and hurte in retiringe, yt muste needes be that the man from whom he retired was cause & had not he bene pursued the fall had not happened. In this case the question is whether side by Iustice hath better reason. Bartholo saith that seinge the hurte and fall was receaved in fleinge the same ought to be presumed to be done by force of handes, & therfore he that pursued his ennemie ought to have the victorie, because he had a determinacion to doe it, and the pursuite was cause of the fall & hurte wch was thende of the combatt. Wherfore he that was the occasion of the fall & harme receaved is iudged to have gained the commendacion. But this Iudgement is to be geven in combat for life & death only & not in triall of virtue or contencion for triumphe & prise, as in one other Chapiter it is before declared.
Where two men at Armes be agreed to ronne certeine courses & that he that receiued moste hurte sholde be Uictored. It happaned they were both hurte in diuers places. wch of them ought to be victorious.
Ca. 24.
